REASONS FOR REFUSAL
You made an application for entry clearance to the UK under Appendix FM to the Immigration Rules on the basis of your family life with your child. Your application has been considered under those Rules, and with reference to Article 8 of.the European Convention on Human Rights (ECHR). The relevant Immigration Rules can be viewed on gov.uk here:
www.nov.uk/guidance/immigration rules. This decision takes into account as a primary consideration the best interests of any relevant child in line with section 55 of the Borders, Citizenship and Immigration Act 2009. We have considered. your application under paragraph E-ECPT.1 1. of Appendix FM. However, you do. not qualify for entry clearance under the 5-year parent route for the following reasons: • • •
Suitability.
Under paragraph EC-PT.1.1(c), your application falls for refusal on grounds of suitability under Section S-EC of Appendix FM. You have provided information from UK police regarding your criminal record. These documents show that you were found or pleaded guilty to two separate counts of shoplifting, property damage less than £5,000, and use of threatening, abusive, or insulting words or behavior with the intention to cause fear or provocation of violence. You were also charged with assaulting a police constable, battery, property damage, making false statements or representations to obtain support, shoplifting, conspiracy with intent to commit burglary though those charges resulted in no further action. As such, I consider you a persistent offender who shows a particular disregard for the law. Your application is refused under paragraph S-EC-2.5(b)(ii) of Appendix FM of the Immigration Rules
I note that you exercised verbal deception on two occasions when applying for Leave to Enter on arrival in the UK. You also attempted to enter the UK twice visa France but were refused at UK juxtaposted controls in Paris and that you also abused the Common Travel Area to enter the UK via Ireland, once successfully and once unsuccessfully. In consideration of these points, I am satisfied that you have previously contrived in significant ways to frustrate the intentions of the Immigration Rules, and your application is refused under paragraph 320(11) of the Immigration Rules.
Eligibility
Under paragraph EC-PT.1.1.(d), you do not meet all of the eligibility requirements of Section E-ECPT of Appendix FM for the following reasons:
Eligibility Relationship Requirement
You do not meet the eligibility relationship requirement of paragraphs E-ECPT.2.1. to 2.4. You state that your relationship with your daughter's mother ended on 05/04/2018. I note that just days before this, you registered yourself on the birth certificate. You also intend to live in the UK with the father, sister, and niece of your mother's child. I am not satisfied that you are not the partner of the child's mother. Your application is refused under paragraph E-ECPT.2.3(b)(ii).
You state that you are taking and intend to continue to take an active role in the child's upbringing. You state that you send the child's mother money regularly, that you have purchased items for the child and speak to her regularly on Facebook. While I acknowledge you have provided wire transfer records showing you send the child's mother money, the Argos receipts for baby products have been billed to your mother and not to you. In addition, you have provided no evidence of other contact between you and the child or between you and the child's mother related to raising the child. You have not provided evidence that you have involvement in and contribute to the child's day-to-day life. I am not satisfied that are taking and intend to continue to take an active role in the child's upbringing. Your application is refused under paragraph E-ECPT.2.4(b)
Eligibility Financial Requirement
You do not meet the eligibility financial requirement of paragraphs E-ECPT.3.1. to 3.2. because I am not satisfied that you have provided evidence that you will be able to adequately maintain and accommodate yourself in the UK without recourse to public funds.
You are exempt from the requirement to meet the income threshold under Appendix FM based on the category under which you have applied. You must instead show that there will be "adequate" maintenance for yourself and any dependants without recourse to public funds.
The calculation below sets out your net income after housing costs have been deducted. These figures demonstrate that your net income after accommodation costs have been deducted is less than the level a family of that size would be entitled to under Income Support.
The following formula has been used to calculate the income available to maintain you and any dependants in the UK, taking into account your projected income and your accommodation costs:
You state that you have been self-employed since 01/10/2013 as a freelance full stack web developer/photographer. However, you have not provided the specified evidence, as required under Appendix FM-SE, to demonstrate that this income is received as claimed. Paragraph 8 of Appendix FM-SE requires that in respect of self-employment outside the UK, evidence should be a reasonable equivalent to that set out in paragraph 7. This means you must provide a reasonable US equivalent of the following:
1. Evidence of the amount of tax payable paid and unpaid for the last full financial year. 2. (b) The following documents for the last full financial year, or for the last two such years (where those documents show the necessary level of gross profit as an average of those two years): 1. (i) annual self-assessment tax return to HMRC (a copy or print-out); and 2. (ii) Statement of Account (SA300 or SA302). 3. (c) Proof of registration with HMRC as self-employed if available. 4. (d) Each partner's Unique Tax Reference Number (UTR) and/or the UTR of the partnership or business. 5. (e) Where the person holds or held a separate business bank account(s), bank statements for the same 12-month period as the tax return(s). 6. (f) personal bank statements for the same 12-month period as the tax return(s) showing that the income from self-employment has been paid into an account in the name of the person or in the name of the person and their partner jointly. 7. (g) Evidence of ongoing self-employment through the provision of at least one of the following: a bank statement dated no more than three months earlier than the date of application showing transactions relating to ongoing trading, or evidence dated no more than three months earlier than the date of application of the renewal of a licence to trade or of ongoing payment of business rates, business-related insurance premiums, employer National Insurance contributions or franchise payments to the parent company. 8. (h) One of the following documents must also be submitted: 1. (1) (aa) If the business is required to produce annual audited accounts, such accounts for the last full financial year; or 2. (bb) If the business is not required to produce annual audited accounts, unaudited accounts for the last full financial year and an accountant's certificate of confirmation, from an accountant who is a member of a UK Recognised Supervisory Body (as defined in the Companies Act 2006) or who is a member of the Institute of Financial Accountants;
Trust me my criminal record isn't as bad as it looks. I only got found guilty for two crimes. There is no evidence for most of my other crimes. I can admit to the shoplifting and criminal damage but that's about it. People make mistakes. You can't judge me. Put yourself in my shoes. I bet you made mistakes in the past. You don't know me. I'm the one who is going through it right now. I'm the one who can't see my child. NOT YOU. So please smile and be happy that you are not in my situation instead of bringing me down because you definitely do not know me. I will fight this battle. You will definitely see. I am getting a solicitor.